(the "Websites") of the companies of the AviComp Group (collectively
the "AviComp Group"), viz.
By accessing and/or using the Websites you agree, without limitations or qualifications,
to be bound by the current version of the Terms. The AviComp Group reserves the
right to update these Terms at any time without notice. The current version can
the bottom of each page of the Websites. If you breach any of these Terms, your
authorization to use the Websites shall automatically and immediately, without
- NO UNLAWFUL OR PROHIBITED USE
- As a condition of your use of the Websites, you will not use the Websites
for any purpose that is unlawful or prohibited by these Terms.
- You agree that you will not use the Websites to: (a) transmit spam, bulk
or unsolicited communications; (b) pretend to be a company of the AviComp Group
or someone else, or spoof the identity of any company of the AviComp Group or
someone else's identity; (c) forge headers or otherwise manipulate identifiers
(including URLs) in order to disguise the origin of any content; (d) misrepresent
your affiliation with a person or entity; (e) disrupt the normal flow of communication
or otherwise act in a manner that negatively affects other users' ability to
use the Websites; (f) engage in activities that would violate any applicable
local, state, national or international law, or any regulations having the force
of law; or (g) collect or store personal data about other users.
- The AviComp Group has the right, but not the duty, to terminate or suspend
your access to the Websites, without notice, for any conduct that the AviComp
Group, in its sole discretion, believes is in violation of these Terms or of
any applicable law or regulation or is harmful to the interests of another user,
a third-party provider, a service provider or the AviComp Group.
- It is forbidden to access the Websites from territories where the legislation
provides that the content or use of the Websites is illegal. You choose to use
the Websites on your own initiative and it is your responsibility to ensure
that you conform to all applicable local laws.
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION
- By accessing and/or using the Websites you consent to the collection, processing
and storage by the AviComp Group of personal data in accordance with the terms
respect to any access, use and/or submission by you or others of any personal
data in connection with the Websites.
- INTELLECTUAL PROPERTY RIGHTS
- Except as expressly authorized by the AviComp Group, you agree not to reproduce,
modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download,
transmit, or create derivative works, of the content of the Websites, in whole
or in part, by any means. You must not modify, decompile, or reverse engineer
any software or technology underlying the Websites or provided or disclosed
to you by the AviComp Group, and you must not remove or modify any copyright
or trademark notice, or other notice of ownership.
- "AviComp Trademarks" means all names, marks, brands, logos, designs,
trade dress, slogans and other designations any company of the AviComp Group
uses in connection with its products and services, whether registered or not.
You may not remove or alter any AviComp Trademarks, or co-brand your own products
or material with AviComp Trademarks, without the prior written consent of the
companies of the AviComp Group which own or use the respective AviComp Trademarks.
You acknowledge the AviComp Group's rights in AviComp Trademarks and agree that
any use of AviComp Trademarks by you shall inure to the AviComp Group's sole
benefit. You agree not to incorporate any AviComp Trademarks into your trademarks,
service marks, company names, internet addresses, domain names, or any other
- Unless explicitly stated herein, nothing in these Terms shall be construed
as conferring any license to any intellectual property rights, whether by estoppel,
implication, or otherwise.
- You agree to indemnify and hold the AviComp Group and its subsidiaries, affiliates,
shareholders, officers, directors, agents, licensors, suppliers, alliance members,
other partners, employees and representatives harmless from any claim or demand,
including reasonable attorneys' fees, due to or arising out of your use of or
connection to the Websites, your violation of the Terms, any applicable laws
or regulations or any rights of another. The AviComp Group reserves the right,
in its sole discretion, to assume the exclusive defense and control of any matter
subject to indemnification by you. You will cooperate as fully as reasonably
required in the defense of any claim and, in any event, you agree not to settle
any such matter without the prior written consent of AviComp AG.
- MODIFICATION AND TERMINATION OF SERVICES
- The AviComp Group reserves the right at any time to modify, suspend or terminate
the services (or any part thereof) available on the Websites, and/or your use
of or access to them, with or without notice. The AviComp Group may also delete,
or bar access to or use of, all related information and files. The AviComp Group
will not be liable to you or any third-party for any modification, suspension,
or termination of the services available on the Websites, or loss of related
- DOCUMENTS AVAILABLE ON THE WEBSITES
- Permission to use documents (such as white papers, press releases, datasheets
and FAQs) from the Websites is granted, provided that (1) a copyright notice
and a permission notice appear in all copies, (2) use of such documents is for
informational and non-commercial or personal use only, and (3) no modifications
of any documents are made. Use for any other purpose or in any other manner
is expressly prohibited and may result in civil and criminal penalties.
- Documents specified above do not include the design or layout of the Websites.
All elements of the Websites are protected by copyright, trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in whole
or in part. No logo, graphic, sound or image from the Websites may be copied
or retransmitted without prior written permission by AviComp AG.
- LINKS TO THIRD PARTY SITES
- Some links on the Websites will let you leave the Websites. The linked
sites are not under the control of the AviComp Group and the AviComp Group is
not responsible for the contents of any linked site or any link contained in
a linked site, or any changes or updates to such sites. The AviComp Group is
not responsible for webcasting or any other form of transmission received from
any linked site. The AviComp Group is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by the
AviComp Group of the site.
- The AviComp Group from time to time may run advertisements and promotions
from third parties on the Websites. Your correspondence or business dealings
with, or participation in promotions of, advertisers other than the AviComp
Group found on or through the Websites, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. The
AviComp Group is not responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Websites.
- ELECTRONIC COMMUNICATIONS
- By accessing and/or using the Websites or sending e-mails to us you consent
to receive communications from us electronically. You are aware that communication
via e-mail and/or over the Internet is insecure because third parties may have
the possibility to access and manipulate e-mails and you waive any rights which
you may have in this regard.
- DISCLAIMER OF WARRANTIES
- YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES, INCLUDING THE INFORMATION,
SERVICES AND CONTENT, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. THE AVICOMP GROUP DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS,
AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE
AVICOMP GROUP MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS
TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE
THE AVICOMP GROUP MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITES WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF
ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
FROM THE WEBSITES OR AS A CONSEQUENCE OF THE USE OF OR ACCESS TO THE WEBSITES
WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITES
WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITES, INCLUDING ANY DAMAGES RESULTING
FROM COMPUTER VIRUSES.
ANY MATERIAL OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
WEBSITES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL OR SOFTWARE.
- LIMITATION OF LIABILITY
- TO THE FULL EXTENT PERMITTED BY LAW, THE AVICOMP GROUP IS NOT LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION
WITH THE WEBSITES, EVEN IF THE AVICOMP GROUP HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY
ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING
WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE
WEBSITES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITES; (c) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED
ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR,
OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD,
USE, MODIFY OR DISTRIBUTE.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION
OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY.
- GENERAL TERMS
- The Terms constitute the entire agreement between you and the companies
of the AviComp Group in respect of access to and use of the Websites and cancel and supersede any prior versions of the Terms.
No modification to the Terms will be binding, unless in writing and signed by
an authorized representative of the AviComp Group.
- You must not assign or otherwise transfer the Terms or any right granted
hereunder. You also may be subject to additional terms and conditions that may
apply when you use AviComp Group's or third-party products or services.
- Services, content, and product derived or obtained from the Websites may
be subject to export and/or import laws. You agree to comply strictly with all
such laws and, in particular, shall: (a) obtain any export, reexport, or import
authorizations required by law; (b) not use services, content or products from
the Websites to design, develop or produce missile, chemical/biological, or
nuclear weaponry; and (c) not provide services, content or products from the
Websites to prohibited countries and entities identified in any export regulations.
- Rights and obligations under the Terms which by their nature should survive
will remain in full effect after termination or expiration of the Terms.
- If any provision of the Terms is held invalid by any law or regulation
of any government, or by any court or arbitrator, the parties agree that such
provision will be replaced with a new provision that accomplishes the original
business purpose, and the other provisions of the Terms will remain in full
force and effect.
- This Agreement shall be interpreted, construed and enforced in accordance
with the laws of Switzerland except that the provisions of the Swiss Code on
International Private Law or any other provisions under Swiss law which refer
to the applicability of foreign law shall not apply. Any disputes arising under
this Agreement shall be submitted to the competent courts of Nidau, Switzerland.
You waive any other venue which may or might be applicable by reason of your
- If there is any conflict between these Terms and specific terms appearing
elsewhere on the Websites then the latter shall prevail.
- Any rights not expressly granted herein are reserved.
v2006-1 / © 2006 AviComp AG